Sukkar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55966 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Sukkar Singh Son of Lutan Singh Resident of Village- Ghaskapur, P.S. Munger Kotwali, District- Munger.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 25(1-A), 25(1-AA), 25(1-b)A, 25(1-AC), 26(i) (ii)/35 of the Arms Act. The allegation pertains to running of a mini gun factory upon certain lands in front of the petitioner's hut. One person namely, Ali Azam was arrested from the spot. Counsel for the petitioner submits that on the basis of confessional statement of the said Ali Aazm he has falsely been implicated in this case. No material has been recovered from his possession and he is in custody since 20.7.2017. Though he is accused in one another case details of which he has disclosed in Para 31 of the petition, but he is on bail. In the instant case charge

Patna High Court Cr.Misc. No.55966 of 2017 (2) dt.12-12-2017 2/2 sheet has been submitted and investigation is completed and there is no chance of tampering with the evidence.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in Mufassil P.S. Case No. 35 of 2017 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T